Articles

Opinions April 21, 2022

Court of Appeals of Indiana
Jesse L. Mathews v. State of Indiana
20A-CR-2229
Criminal. Affirms the Clay Circuit Court’s decision to use the state’s jury instruction on the issue of motive in a partial decapitation case in which Jesse Mathews was convicted of felony murder and Level 6 felony abuse of a corpse. Finds that either the trial court or the state’s instruction would have produced the same verdict. Also finds the trial court did not abuse its discretion is excluding evidence of a witness’s purported call to a police officer. Finally, finds a mistrial was not warranted in response to an individuals’ spontaneous testimony regarding a possible polygraph test, and the cumulative effect of the trial court’s decisions does not require reversal of Mathews’ conviction.

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COA affirms marriage, widow gets pension

A terminally ill firefighter’s marriage days before his death to a woman who was 36 years his junior and the beneficiary of his pension was upheld by the Court of Appeals of Indiana, which found no evidence to support his children’s contention that the nuptials should be annulled because their father’s mental capacity was impaired by pain medication.

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Opinions April 6, 2022

Court of Appeals of Indiana
State of Indiana v. Lamar Fox
21A-CR-2445
Criminal. Reverses the grant of Lamar Fox’s motion to suppress. Finds the home detention contract Fox signed explicitly stated he waived his Fourth Amendment and state constitutional rights. Also finds State v. Ellis, 167 N.E.3d 285 (Ind. 2021), applies.

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Husband with 2 wives avoids annulment at COA

A Goshen wife who discovered during divorce proceedings that her husband had actually been married to another woman during their marriage had her decree of annulment overturned after the Court of Appeals of Indiana found the man was not properly notified through a service by summons.

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